Manjay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19902 of 2025 Arising Out of PS. Case No.-71 Year-2024 Thana- JANDAHA District- Vaishali ====================================================== Manjay Sahni Son of Brind Sahni Resident of Village - Buchauli, P.S. - (Jandaha) Mahishour, District - Vaishali (Bihar) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP For the Informant :

Mr. Mr. Rabish Kumar, Advocate :

Mr. Adarsh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Jandaha P.S. Case No. 71 of 2024 instituted for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegation against the petitioner is of firing upon the informant's father-in-law due to which he died on the spot.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.19902 of 2025(2) dt.15-04-2025 2/3 present case due to previous enmity. Learned counsel further submitted that there is a delay of two days in lodging the FIR without any plausible explanation, which in itself, raises doubt over the prosecution story. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.11.2024 and has no criminal antecedent. The co-accused person has already been granted anticipatory bail by this Court vide order dated 11.12.2024 passed in Cr. Misc. No. 65507 of 2024.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner stating that there is specific allegation of firing upon the deceased against this petitioner and therefore, he may not be released on bail.

6. Considering the aforesaid facts and circumstances of the case, there being specific allegation of firing upon the deceased against this petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for grant of bail to the

Patna High Court CR. MISC. No.19902 of 2025(2) dt.15-04-2025 3/3 petitioner is, hereby, rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T